SSI Deeming Rules Change

March 10, 2010

Author: Catherine M. Callery (Kate) | Louise M. Tarantino

Effective March 24, 2010, any combat-related military pay will not be considered as income when SSA determines whether spouses and children of members of the uniformed services are eligible for SSI.  Additionally, SSA will not consider combat-related military pay as income when it determines the spouse’s or child’s proper payment amount.  Retroactive payments of certain military pay will not count as resources for nine months following receipt.  According to SSA, these rule changes “protect spouses and children of members of the uniformed services from a reduction in, or loss of, benefits because their spouse or parent serves in a combat zone.”  75 Fed. Reg. 7552 (February 22, 2010).